Delhi High Court - Orders
Kusum Chahda vs Krishan Kumar Chadha on 16 September, 2022
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~55(Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 981/2022 & CM APPL.40880/2022
KUSUM CHAHDA ..... Petitioner
Through: Mr.Amarjeet Singh Sahni, Adv.
versus
KRISHAN KUMAR CHADHA ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (O R A L)
% 16.09.2022
1. This petition seeks a direction to the learned Additional District Judge to decide the petitioner's application under Order XII Rule 6 read with Section 151 of the CPC within a time bound frame.
2. This Bench has had occasion, times without number, to observe that no such direction can be given by the Court, save and except in the rarest of cases. It is only where the law mandates the proceedings to be decided in a time bound fashion, and the court below is not adhering to the mandate, or where the suit has remained pending for so long (as in the case of a matter which was listed before this Court yesterday where a suit filed in 1969 is still pending at the stage of preliminary arguments) that the Court would fix a time bound schedule.
3. Else, the Court is required to respect the fact that Trial Courts are presently inundated with work and are making every possible Signature Not Verified Digitally Signed CM(M) 981/2022 Page 1 of 2 By:SUNIL SINGH NEGI Signing Date:19.09.2022 12:59:17 effort to discharge their duties with all due expedition. It would be unfair for this Court to direct Trial Courts, therefore, to decide matters in any time bound frame.
4. This petition is accordingly dismissed. Pending application also stands disposed of.
C.HARI SHANKAR, J SEPTEMBER 16, 2022/kr Signature Not Verified Digitally Signed CM(M) 981/2022 Page 2 of 2 By:SUNIL SINGH NEGI Signing Date:19.09.2022 12:59:17